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Legal aid capital contribution

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  • Legal aid capital contribution

    Hi is there anyone out there who can help me or has been through a similar experience:

    My husband is in prison (since 6.9.12). Rossendales sent him a letter to our home address despite notification of where he was on 28.6.13 stating he had a capital contribution order of £20661.26 in addition to an income Contribution order of £6894 totalling £27555.26. Now this letter sat on my desk for a week before I opened it as I hadn't realised what it was.

    My husband was self employed and earned just over £6000 a year. I earn much more. My husband has no capital - in fact he has lots of debts - this was recognised by the judge at the time of sentencing. He moved in with me in June 2011 and we married in July 2012. I have owned my property since 2004. My parents also live here and invested in the property so we have a legal trust agreement. My husband made no contributions to the mortgage which is in my sole name.

    According to the capital contribution order my husband has a large amount of equity in my property. This is simply not true. He has no beneficial interest in my property and even I do not have the equity that they have stated. My husband wrote to Rossendales explaining the situation but they have not budged in fact they are threatening court action and bailiffs. I've written to them and sent a copy of the trust agreement but they have quoted reg 25 of the CDS regs 2009 basically saying anything that they can treat my resources as his.

    Ive been told that I can't fight this because it's not my debt but I'm having sleepless nights and the final date to pay the debt is tomorrow 26th August.

    Please help me.
    Tags: None

  • #2
    Re: Legal aid capital contribution

    This link suggests a fairly detailed appeals procedure which I assume you've followed.

    http://www.justice.gov.uk/legal-aid/...ibution-orders

    Do you mind clarifying what the CDS regs are please. I can find no reference to any CDS regs that would be relevant to this.

    Comment


    • #3
      Re: Legal aid capital contribution

      Originally posted by labman View Post
      This link suggests a fairly detailed appeals procedure which I assume you've followed.

      http://www.justice.gov.uk/legal-aid/...ibution-orders

      Do you mind clarifying what the CDS regs are please. I can find no reference to any CDS regs that would be relevant to this.
      http://www.legislation.gov.uk/uksi/2.../contents/made ?

      s25 http://www.legislation.gov.uk/uksi/2...lation/25/made

      (2)(a) & (b) seem to cover this quite adequately.
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Legal aid capital contribution

        Rossendale are only acting on information given by the LSC and have no authority to do anything but try & collect. You need to go over their head.

        Comment


        • #5
          Re: Legal aid capital contribution

          Originally posted by teacher's pet View Post
          the final date to pay the debt is tomorrow 26th August.
          Really?

          Doesn't time fly?

          Comment


          • #6
            Re: Legal aid capital contribution

            Originally posted by CleverClogs View Post
            Really?

            Doesn't time fly?
            teacher's pet
            Junior Member

            Could do better?

            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Legal aid capital contribution

              Originally posted by ploddertom View Post
              Rossendale are only acting on information given by the LSC and have no authority to do anything but try & collect. You need to go over their head.
              Thanks Ive phoned them - now the legal aid agency LAA - eventually got to the local office and they've asked for all my information.

              Comment


              • #8
                Re: Legal aid capital contribution

                Force them to disclose where they got these bogus figures from.

                Comment


                • #9
                  Re: Legal aid capital contribution

                  Originally posted by enquirer View Post
                  Force them to disclose where they got these bogus figures from.
                  Short of rendition and waterboarding, how would you suggest that might be done?

                  Comment


                  • #10
                    Re: Legal aid capital contribution

                    The OP is a named data subject. Simply SAR them. They must then disclose their source.

                    Comment


                    • #11
                      Re: Legal aid capital contribution

                      Originally posted by enquirer View Post
                      The OP is a named data subject. Simply SAR them. They must then disclose their source.
                      Should that not be the OP's husband ............?

                      Comment


                      • #12
                        Re: Legal aid capital contribution

                        Originally posted by labman View Post
                        Should that not be the OP's husband ............?
                        ................Get authorization from OH
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Legal aid capital contribution

                          Originally posted by enquirer View Post
                          The OP is a named data subject. Simply SAR them. They must then disclose their source.
                          Even if they aver it was a "confidential source" or that the data was the result of covert "intelligence"?

                          Comment


                          • #14
                            Re: Legal aid capital contribution

                            Originally posted by CleverClogs View Post
                            Even if they aver it was a "confidential source" or that the data was the result of covert "intelligence"?
                            Unless they had some kind of special immunity, wouldn't illegality trump confidentiality?
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: Legal aid capital contribution

                              Originally posted by charitynjw View Post
                              Unless they had some kind of special immunity, wouldn't illegality trump confidentiality?
                              Crown immunity?

                              Comment

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